ORDERS:
CONSENT ORDER FOR DISMISSAL
WHEREAS, Respondent, South Carolina Department of Health and Environmental
Control (ADHEC@ or Athe Department@), is an agency of the state of South Carolina, vested with
all the powers, functions, and duties granted to the Department and its officers and agents by
statute, and has regulatory authority over management of the Pollution Control Act, S. C. Code
Ann. §' 48-1-10 et. seq. (1987 & Supp. 2003), the Water Pollution Control Permits, 24 S.C.
Code Ann. Regs. 61-9 (Supp. 2003), and Standards for Wastewater Facility Construction, S.C.
Code Ann. Regs. 61-67 (Supp. 2003); and
WHEREAS, Petitioner, Ray Hickson (“Hickson”), is an individual who owns and is
responsible for the property located off of Lee County Road 107, with coordinates of N 34
degrees 08 minutes 0.97 seconds, W 080 degrees 21 minutes 34.8 seconds, near Bishopville, in
Lee County, South Carolina (Site); and
WHEREAS, Petitioner Hickson, as the owner of the referenced property, violated the
Pollution Control Act, Water Pollution Control Permits, and Standards for Wastewater Facility
Construction in that he operated a waste disposal system without proper permits from the
Department, specifically, allowing for the discharge of septic tank waste onto the Site for disposal
prior to receiving Department approval; and
WHEREAS, The Department issued Administrative Order 03-168-W on September 12,
2003, against Petitioner Hickson for violating the above-referenced
Acts; and
WHEREAS, Administrative Order 03-168-W required Petitioner Hickson to pay the
Department, within thirty (30) days or receipt of the Order, a civil penalty in the amount of three
hundred and sixty thousand dollars ($360,000.00); and
WHEREAS, Petitioner Hickson appealed the Order to the Administrative Law Court
(ALC) within the fifteen (15) day period prescribed by S.C. Code Ann. Regs. 61-72 (Supp. 2003)
and the Rules of Procedure for the Administrative Law Judge Division; and
WHEREAS, the parties have now resolved all issues in this matter.
NOW THEREFORE, IT IS HEREBY ORDERED, CONSENTED TO, AND
AGREED, that Petitioner Hickson shall do the following:
1.within thirty (30) days of the effective date of this Order, submit to the
Respondent DHEC documentation of the request for a closure plan from the Natural Resource Conservation Service (NRCS) for the Site;
2.within thirty (30) days of receipt of the closure plan from NRCS, submit to
DHEC a copy of the referenced plan for its approval; and
3.upon approval of the closure plan, it shall be incorporated into and become an
enforceable part of this Order; and
IT IS ALSO ORDERED, CONSENTED TO, AND AGREED that the entire assessed
civil penalty of three hundred and sixty thousand dollars ($360,000.00) is suspended; however,
the entire said penalty may be re-instated if Petitioner Hickson fails to carry out any provision of
this Consent Order for Dismissal.
NOW IS FURTHER ORDERED, CONSENTED TO, AND AGREED to by
Petitioner DHEC and Petitioner Hickson that the issues underlying Administrative Order 03-168-W and the above-captioned action are resolved and this proceeding is
hereby dismissed.
AND IT IS SO ORDERED.
____________________________________________July 29, 2004
Ray N. Stevens, Administrative Law Court Judge Date |
